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Planning appeal decision

Notice upheld9 June 20233290041

89 Lewin Road, Lambeth, SW16 6JX

without planning permission, the erection of a single storey ground floor L-shaped wrap around extension to the rear of the premises (‘the unauthorised single storey rear wrap-around extension’), and the conversion of the premises into five self-contained flats on the ground floor, one self-contained flat on the second floor (‘the six unauthorised flats’); and the use of the first floor as an HMO consisting of 4 bedrooms with a shared kitchen and bathroom (‘the unauthorised HMO use’)

Authority
London Borough of Lambeth
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Walker A

Main issues, as the Inspector framed them

  • Whether the matters stated in the enforcement notice have in fact occurred (ground b)
  • Whether the matters stated in the notice constitute a breach of planning control (ground c)
  • Whether the requirements of the notice exceed what is necessary to achieve its purpose (ground f)
  • Whether the compliance period is reasonable (ground g)

What decided it

The appellant failed to discharge the burden of proof on the balance of probabilities to demonstrate either that the breaches had not occurred or that they did not constitute breaches of planning control, and provided no substantive evidence to support his assertions.

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.